US Lawyer Database

§ 28-74-403. Effect of registration

(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a […]

§ 28-74-502. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 […]

§ 28-75-114. Disclosure of digital assets to guardian of estate

(a) After an opportunity for a hearing under state guardianship law, the court may grant a guardian of the estate access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian of the estate the catalogue of electronic communications […]

§ 28-74-504. Transitional provision

(a) This act applies to guardianship and protective proceedings begun on or after January 1, 2012. (b) Section 28-74-101 et seq., § 28-74-301 et seq., § 28-74-401 et seq., and §§ 28-74-501 and 28-74-502 apply to proceedings begun before January 1, 2012, regardless of whether a guardianship or protective order has been issued.

§ 28-75-115. Fiduciary duty and authority

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s authority with respect to a digital asset of a user: (1) except as otherwise provided […]